NADAR COMMUNITY STRUGGLE FOR DENOMINATIONAL STATUS - LEGAL STRUGGLE TO MAINTAIN COMMUNITY DEVELOPED TEMPLES UNDER ITS MANAGEMENT FOLD.

The State Of Tamil Nadu And Another vs P.S.R. Senbagamurthy Nadar And Others on 30/8/1996

JUDGMENT in O.S. 153 of 1976 on the file of Sub-Court, Ramanathapuram at Madurai

"The word "denomination" has been defined in the Oxford Dictionary to mean "a collection of individuals classed together under the same name; a religious sect or body having a common faith and organisation and designation by a distinctive name".

The suit denominational temple viz., "Sri Sivasubramania Swamy Temple" at Sivakasi is entitled to the protection conferred by Article 26 of the Constitution of India and by Section 107 of the Hindu Religious and Charitable Endowments Act, 1959 as the temple is being managed by the trustees appointed by the Sivakasi Grocery Merchants residing at Sivakasi belonging to Sivakasi Hindu Nadars and they are responsible for upkeep, progress and maintenance of the temple by managint out of the funds contributed by the regular worshippers belonging to the Nadar community . The expenses of the temple arc met by donations and contributions made by Grocery Merchants from their Manamai funds. . Poojaries (Pandarams) are appointed from other community to perform pooja.

The Hindu Religious and Charitable Endowments Department has uniformly accepted and recognised the suit temple as founded by the Grocery Merchants of Sivakasi Hindu Nadars since the accounts are submitted to the Endowment authorities and they used to periodically inspect the same.

The Sivakasi Nadars took up to legal correspondence to show that the suit temple belong to Sivakasi Hindu Nadars residing at Sivakasi. It is further averred that the suit temple is denominational temple belonging to Siva-kasi Hindu Nadars . The Sivakasi Hindu Nadars have a Hindu temple belonging to Hindu community. So, they are by themselves Hindu religious denomination. The H.R. & C.E. Department have no right to interfere with the right of management of with regard to their appointment of trustees to the suit temple. The right to appoint trustees to the suit temple exclusively belongs to the Grocery Merchants belonging to Sivakasi Hindu Nadars.

The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ramnad at Madurai sent a communication to the trustee belonging to Grocery Merchant Hindu Nadar of Sivakasi stating that he ceased to be the trustee of the suit temple and directed one Executive Officer of Viswa-natha Koil, Sivakasi to take possession of the suit temple from the trustee.

The trustee without getting proper legal advice has assigned in form without bestowing any attention in the matter but they did not hand over any charge to the said HR&CE; executive officer. The trustees sent a notice to the HR&CE; board under Section 80, C.P.C. They filed a suit in representative capacity under Order 1, Rule 8, C.P.C.